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Order to divide the property passed by court how to execute the order
30-Jun-2023 (In Property Law)
A family settlement among 13 members was reached and decreed by High court of delhi. property to be sold and sale proceeds to be divided as per share fixed in settlement. High court in decree clarified that possession and sole enjoyment of property is wit defendants . we were defendants in the case and plantiffs will get share out of sale proceeds. plantiffs now want double of what was fixed before they sign agreement to sell. are we supposed to get plantiffs signature on sale aggrement by meeting this demand or we can sell without their signature and pay them out of sale proceeds.
You have two options-either file a contempt case against them, or file an execution case. Under no circumstances can they get double of what was decreed unless you agree to it. Also, as your are in possession, continue to remain in possession. My suggestion to you would be to move the high court through an interlocutory application intimating them of this fact and get the high court to pass an order. The signing can take place before the judge itself then.
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Adv. Angad Mehta
Delhi | 100+ Answers
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Why don't you apply for the execution of the decree passed by the Hon'ble high court. Once the Decree has been passed by the high court they can not raise the unjust demands therefore apply for execution of the same and ask the court to pass the specific instructions.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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